Supreme Court of North Carolina, 1939

State v. . Cox

State v. . Cox
Supreme Court of North Carolina · Decided April 19, 1939 · Stacy
2 S.E.2d 370; 215 N.C. 458; 1939 N.C. LEXIS 289 (South Eastern Reporter, Second Series)

State v. . Cox

Opinion of the Court

Stacy, C. J.

The procedural right of appeal in criminal cases, C. S., 4650, is slightly different — less liberal perhaps — from what it is in civil actions. C. S., 638; S. v. Blades, 209 N. C., 56, 182 S. E., 714. It was said in S. v. Webb, 155 N. C., 426, 70 S. E., 1064, that “an ordinary statutory appeal will not be entertained except from a judgment on conviction or some judgment in its nature final.” Tbe order appealed from is interlocutory. S. v. Polk, 91 N. C., 652.

The fragmentariness of the appeal precludes a determination of the questions sought to be presented. Johnson v. Ins. Co., ante, 120. Mayhap tbe final judgment will be acceptable without appeal. At any rate, its correctness will presently be presumed. S. v. Rooks, 207 N. C., 275, 176 S. E., 752.

Appeal dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.